Gov & Administrative Law Questions & Answers by State

Gov & Administrative Law Questions & Answers

Q: Do minute order absolutely have to recite the orders from the court made in a hearing? What if it does not?

1 Answer | Asked in Gov & Administrative Law, Family Law, Child Custody and Legal Malpractice for California on
Answered on Jul 25, 2017

You can file a petition for clarification of the order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...
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Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law for California on
Answered on Jul 25, 2017

There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
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Q: 1 am the petitioner in a compulsory accounting hearing. I live 1500 miles away do I have to appear in court?

1 Answer | Asked in Gov & Administrative Law, Estate Planning and Probate for Florida on
Answered on Jul 20, 2017

Talk to your attorney about this - if you were specifically asked to be there, you can likely appear by phone.

That said, your attorney might be able to appear on your behalf unless the judge needs to talk to you directly.
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Q: If I get pulled over and the police officer asks for my passenger Drivers license does my passenger have to get it to

1 Answer | Asked in Civil Rights, Criminal Law and Gov & Administrative Law for Georgia on
Answered on Jul 19, 2017

A passenger can challenge the police officer's BASIS for using blue lights to pull over a car. Brendlin v.California, 551 U.S. 249, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007).

A passenger's luggage cannot be searched, without a warrant. Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979).

Several other U.S. Supreme Court cases have established the rules for patdown of clothing of a passenger, or search of that passenger. Maryland v. Wilson, 519 U.S. 408, 117...
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Q: Fiance voluntared for departure. How long will it take to fix him papers? Will marriage and pregnancy help out a lot?

1 Answer | Asked in Immigration Law and Gov & Administrative Law for California on
Answered on Jul 18, 2017

Great, get you paperwork started with your immigration attorney, time frame is hard to say without more info, you really need all your papers to start the process. Good Luck.
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Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Answered on Jul 14, 2017

1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.

2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...
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Q: I sued the sheriff's department while incarcerated. I was injured by the deputies, almost resulting in death.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Gov & Administrative Law for California on
Answered on Jul 14, 2017

I see no basis for withholding your personal property, but what are the terms of your probation? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Is it best to change my address now before the court hearing?

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Family Law for Georgia on
Answered on Jul 11, 2017

Yes. If you miss a court date, due to not updating your address, you can be held on contempt for not showing up, and a warrant for your arrest will issue. Plus, your bondman may request to be released from the bond, because you violated its contract.

Having a lawyer representing you gives you the comfort that he or she is getting notice, and may "save" you from these bad consequences.
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Q: my boyfriend is in jail they never evaluated him to see if he was competent to stand trial can u help him

1 Answer | Asked in Gov & Administrative Law and Criminal Law for Florida on
Answered on Jul 7, 2017

Was he in fact competent to stand trial? If not, and such incompetence contributed to the conviction, he might be able to successfully appeal. What does his attorney say?
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Q: looking for an attorney familiar with cps case to continue an ongoing case and if possible to file an appeal

1 Answer | Asked in Appeals / Appellate Law, Family Law, Gov & Administrative Law and Juvenile Law for California on
Answered on Jul 1, 2017

It's key to know the facts and review the filings here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: I was wondering if an Enlisted Marine could date an officer of another branch (Army).

1 Answer | Asked in Gov & Administrative Law and Military Law for North Carolina on
Answered on Jun 28, 2017

Zero chance of it being legal (for either of you) - sorry! This would violate various regulations and the UCMJ. Unduly familiar relationship b/n officers and enlisted is prohibited, no exceptions.
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Q: I'm looking to start a MMJ delivery service in Anaheim, California

1 Answer | Asked in Gov & Administrative Law, Health Care Law and Business Formation for California on
Answered on Jun 26, 2017

I am not sure what is your objective in establishing a non-profit organization handling deliveries. From time to time, I get an inquiry about establishing a non-profit. And, after listening to them, advise them to forgo the idea, because they will go under the state attorney general’s radar regarding their own compensation. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended...
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Q: Changes to OK §21-1713 (KNWNGLY CONC STLN PRPTY) on July.01.2017?

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Gov & Administrative Law for Oklahoma on
Answered on Jun 26, 2017

Changes in the law are not retroactive unless the statute specifically states that the law is retroactive. This means that if the crime is classified as a felony at the time it was committed the crime is still a felony even if committed today it would have been a misdemeanor.
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Q: Is it legal for a private US citizen never been employed by US gov or US corp to work for foreign military say China?

1 Answer | Asked in Gov & Administrative Law, Legal Malpractice and Military Law for Texas on
Answered on Jun 25, 2017

You will probably need an export license to be able to transfer military technology to China. Under the U.S. Export Control System, our government controls exports of sensitive equipment, software and technology as a means to promote our national security interests and foreign policy objectives. Through our export control system. Under the current export control system, three different USG agencies have the authority to issue export licenses: the Departments of State, Commerce, and the...
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Q: what motions should I file first? Trial starts in a few weeks

1 Answer | Asked in Criminal Law, Constitutional Law, Gov & Administrative Law and Legal Malpractice for California on
Answered on Jun 21, 2017

It sounds like there might be prosecutorial misconduct. What stage of litigation is your case at? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Does two tickets within two years start from the date you get your license or from the date of the first ticket you get

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Government Contracts and Traffic Tickets for Illinois on
Answered on Jun 17, 2017

If you are referring to a driver's license suspension for drivers under 21 years old, it is two moving violation convictions within 24 months, which based on the date of issuance of the tickets.
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Q: actual reading the Ca Constittution, why hasn't Gov Brown been thrown out of office. Who in Ca has the responsibility.

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for California on
Answered on Jun 13, 2017

That is indeed a valid argument since any sanctuary state or city would be inherently violating federal laws, but it seems that the federal government does not want to spend the time, money, and political capital on a fight with multiple powerful states. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: father passed away his wife became executor. I live out of state executor sends paperwork.. cont

1 Answer | Asked in Estate Planning, Family Law, Gov & Administrative Law and Real Estate Law for Oregon on
Answered on Jun 12, 2017

It is not clear if you reside in Oregon, or if you reside elsewhere and this probate is taking place in Oregon. But just understand that county records that are for property tax purposes may not reflect the proper value of the real estate. I would try looking on a commercial website such as Zillow.com and see if the value on Zillow is closer to what the executor is telling you. Because it is impossible to ask questions and correctly advise you in this type of forum, I think the best thing...
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Q: Since I'm 17 and my mom just became a citizen but im turning 18 next month, does that mean I cant apply for u.s passport

2 Answers | Asked in Immigration Law and Gov & Administrative Law for New York on
Answered on Jun 12, 2017

First, are you a lawful permanent resident? Second, are you studying to become a diplomat? No, just kidding! It is a "naturalization" test. In general, if you were lawfully admitted/adjusted as a lawful permanent resident 'before' your 18th Birthday 'and' your mother became a Citizen 'before' your 18th Birthday, then you should derive Citizenship. Therefore, there is no need to file for naturalization and take the tests. However, you must file form N-600, not N-400, and must provide...
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Q: Hi, I would like to find all legislations and regulations related to sludge or cuttings reinjection (for oil industry)

1 Answer | Asked in Energy, Oil and Gas, Environmental and Gov & Administrative Law for Texas on
Answered on Jun 11, 2017

The information on these pages should be useful:

https://www.epa.gov/radiation/tenorm-oil-and-gas-production-wastes

http://www.tenorm.com/regs.htm
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